IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.Tukaramji
Edukulla Shiva Kumar – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petition filed for quashing proceedings against the petitioner. (Para 1 , 2 , 4) |
| 2. court's analysis of prior rulings affecting case relevance. (Para 3) |
| 3. petitioner argues prior quashment of similar proceedings. (Para 5 , 6) |
| 4. prior court decisions impact current case's viability. (Para 7 , 9 , 10 , 11 , 12) |
| 5. proceedings against petitioner are unsustainable. (Para 13) |
| 6. criminal petition allowed, proceedings quashed. (Para 14) |
ORDER :
N.Tukaramji , J.
1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS , 2023’) seeking quashment of the proceedings, against the petitioner in Crime No.522 of 2025 of Hayathnagar Police Station, Rachakonda District.
2. The petitioner is accused No.1 in Crime No.522 of 2025 registered for the offences punishable under Sections 274 and 275 r/w. 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS 2023’) and Section 20 (2) of the CIGARETTES AND OTHER TOBACCO PRODUCTS ACT (for short ‘COTPA’) 2003.
3. Heard Mr.Y.Bala Murali, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondents.
4. The prosecution
The proceedings against the petitioner were quashed as they violated prior judicial decisions regarding the sale of banned tobacco products amidst stayed prohibitory orders.
Similar allegations leading to prior quashing of proceedings create grounds for dismissal of current accusations regarding banned tobacco sales.
Proceedings for alleged illegal sale of tobacco products cannot continue when prior similar allegations were quashed by the court.
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